Monroe and the Modern Action; Parratt and the Scope of Due Process; Excessive Force, Private Violence, and Enforcing Federal "Laws" Under Municipal Liability; State Sovereign Immunity; Personal Immunities; Damages and Injunctions and Declaratory Relief; Attorney's Fees; Choice of Law and Section 1983 in the State Courts; Preclusion and Abstention and Related Doctrines; Section 1983 and Habeas Corpus; Bivens and Federal Officer Liability; Jurisdiction and Procedure.

Section 1983 Litigation

"This fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims"--

This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.

Traces the lines of authority that set forth the parameters for an illegal search and seizure claim or examining the emerging retaliation theories brought by public employees. The book contains expert analysis and provides lawyers with a practical approach to this technically difficult and ever-evolving area of law cover subjects such as: The procedural intricacies of Section 1983 litigation in court; causation; municipal and supervisory liability; state liability (Eleventh Amendment); preclusion defenses; survivorship and wrongful death; abstention doctrines, and more.

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.